BILL NUMBER: AB 635	CHAPTERED  10/10/99

	CHAPTER   879
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN SENATE   JUNE 14, 1999
	AMENDED IN ASSEMBLY   APRIL 22, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Campbell
   (Coauthor:  Senator Kelley)

                        FEBRUARY 23, 1999

   An act to amend Sections 113823, 113996, 113997, 114020, 114060,
114265, 114317, 114321, 114322, 114325, 114332.2, and 114332.3 of, to
add Article 12.5 (commencing with Section 114300) to Chapter 4 of
Part 7 of, to repeal Sections 114086 and 114332.6 of, and to repeal
and add Article 12 (commencing with Section 114285) of Chapter 4 of
Part 7 of, the Health and Safety Code, relating to food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 635, Campbell.  Food facilities.
   Existing law imposes certain sanitation requirements on food
facilities that are administered by the State Department of Health
Services and enforced by local health officers, among others.  Under
existing law, a violation of any of these provisions is punishable as
a misdemeanor.
   Existing law requires raw eggs to be stored under specified
conditions commencing January 1, 1998, and until January 1, 2000.
   This bill would delete those dates thereby continuing the
applicability of the requirements for egg storage indefinitely.  By
extending the enforcement duties performed by local health officers,
this bill would impose a state-mandated local program.
   Existing law imposes various requirements on nonprofit charitable
temporary food facilities including that all food be prepared in a
food establishment or on the premises of a nonprofit charitable
temporary food facility.  Existing law also prohibits any food or
beverage stored or prepared in a private home from being offered for
sale, sold, or given away from a nonprofit charitable temporary food
facility.
   This bill would revise these provisions to prohibit any
potentially hazardous food or beverage stored or prepared in a
private home from being offered for sale, sold, or given away from a
nonprofit charitable temporary food facility, and would require this
food to be prepared in a food establishment or on the premises of a
nonprofit charitable temporary food facility.
   Existing law imposes various requirements on nonprofit charitable
temporary food facilities with regard to the condition of the floors,
walls, and ceilings of the facility.  Existing law also requires
each local enforcement agency to annually report to the department
regarding the adequacy of the standards applied by specified
sanitation provisions to any nonprofit charitable temporary food
facilities operating within its jurisdiction, and requires the
department to review these reports and confer with the California
Conference of Directors of Environmental Health and with affected
industry groups.
   This bill would repeal the above requirements.
   Existing law, until January 1, 2001, contains cooking requirements
relating to ready-to-eat foods prepared from raw or incompletely
cooked animal tissues.
   This bill would revise these requirements and would delete that
repeal date thereby continuing the applicability of these
requirements indefinitely.
   The bill would, among other things, revise employee food handling
and food facility sanitation provisions, and would revise and recast
provisions relating to mobile food preparation units, stationary
mobile food preparation units, and commissaries.
   By changing the definition of, and eliminating, certain existing
crimes relating to retail food facilities, this bill would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 113823 of the Health and Safety Code is amended
to read:
   113823.  "Nonprofit charitable temporary food facilities" means a
temporary food facility, as defined in Section 113895, that is
conducted and operated by a corporation incorporated pursuant to the
Nonprofit Corporation Law (Div. 2 (commencing with Section 5000),
Title 1, Corp. C.), that is exempt from taxation pursuant to
paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501
(c) of the Internal Revenue Code and Section 23701d of the Revenue
and Taxation Code.
  SEC. 2.  Section 113996 of the Health and Safety Code is amended to
read:
   113996.  (a) All ready-to-eat foods prepared at the food facility
from raw or incompletely cooked animal tissues shall be thoroughly
cooked prior to serving.  For purposes of this subdivision, food
shall be deemed to be thoroughly cooked if it conforms to the
following requirements, except as specified in subdivision (b):
   (1) Comminuted meat or any food containing comminuted meat shall
be heated to a minimum internal temperature of 69 degrees Celsius
(157 degrees Fahrenheit), or an optional internal temperature of 68
degrees Celsius (155 degrees Fahrenheit) for 15 seconds.
   (2) Eggs and foods containing raw eggs shall be heated to a
minimum internal temperature of 63 degrees Celsius (145 degrees
Fahrenheit).
   (3) Pork shall be heated to a minimum internal temperature of 68
degrees Celsius (155 degrees Fahrenheit).
   (4) Poultry, comminuted poultry, stuffed fish, stuffed meat,
stuffed poultry, and any food stuffed with fish, meat, or poultry
shall be heated to a minimum internal temperature of 74 degrees
Celsius (165 degrees Fahrenheit).
   (b) When foods containing raw or incompletely cooked animal
tissues specified in this section are prepared in a microwave oven,
they shall be heated at a minimum internal temperature of at least 14
degrees Celsius (25 degrees Fahrenheit) above the minimum
temperatures specified in subdivision (a).  During microwaving, the
food shall be completely enclosed in a container and periodically
stirred or rotated to assure even heat distribution.  Upon the
completion of microwaving, the enclosed food shall be left standing
for a minimum of two minutes to assure temperature equilibrium.  This
subdivision does not apply to the heating of ready-to-eat cooked
foods or the defrosting of food items.
   (c) A ready-to-eat salad dressing or sauce containing a raw or
less-than-thoroughly cooked egg as an ingredient, and other
ready-to-eat foods made from or containing eggs, comminuted meat, or
single pieces of meat (including beef, veal, lamb, pork, poultry,
fish, and seafood) that are raw or have not been thoroughly cooked as
provided in subdivision (a) may be served if either of the following
requirements are met:
   (1) The consumer specifically orders that the food be individually
prepared less than thoroughly cooked.
   (2) The food facility notifies the consumer, orally or in writing,
at the time of ordering, that the food is raw or less than
thoroughly cooked.
   (d) The department shall authorize alternative time and
temperature minimum heating requirements to thoroughly cook the foods
identified in this section when the food facility or person
demonstrates to the department that the alternative heating
requirements provide an equivalent level of food safety.
   (e) For purposes of this section, "meat" means the tissue of
animals used as food, including beef, veal, lamb, pork, and other
edible animals, except eggs, fish, and poultry, that is offered for
human consumption.
   (f) It is the intent of the Legislature that the requirements of
this section be uniformly enforced.  The department shall train and
provide guidance to local health departments to promote uniform
enforcement of the requirements specified in this section.
  SEC. 3.  Section 113997 of the Health and Safety Code is amended to
read:
   113997.  (a) Raw shell eggs shall be stored and displayed at an
ambient temperature of 7 degrees Celsius (45 degrees Fahrenheit) or
below.
   (b) Notwithstanding subdivision (a), raw shell eggs may be stored
and displayed unrefrigerated if all of the following conditions are
met:
   (1) Not more than four days have elapsed from the date of packing.

   (2) The eggs were not previously refrigerated.
   (3) The eggs are not stored or displayed at an ambient temperature
above 32 degrees Celsius (90 degrees Fahrenheit).
   (4) Retail egg containers are prominently labeled "REFRIGERATE
AFTER PURCHASE" or a conspicuous sign is posted advising consumers
that these eggs are to be refrigerated as soon as practical after
purchase.
   (5) Retail egg containers are conspicuously identified with the
date of the packing.
   (6) Any eggs that are unsold after four days from the date of the
packing shall be stored and displayed pursuant to subdivision (a),
diverted to pasteurization, or destroyed in a manner approved by the
enforcement agency.
  SEC. 4.  Section 114020 of the Health and Safety Code is amended to
read:
   114020.  (a) No employee shall commit any act that may result in
the contamination or adulteration of food, food contact surfaces, or
utensils.
   (b) All employees preparing, serving, or handling food or utensils
shall wear clean, washable outer garments, or other clean uniforms.
All employees shall wear hairnets, caps, or other suitable coverings
to confine all hair when required to prevent the contamination of
food, equipment, or utensils.
   (c) All employees shall thoroughly wash their hands and that
portion, if any, of their arms exposed to direct food contact by
vigorously rubbing them with cleanser and warm water, paying
particular attention to areas between the fingers and around and
under the nails, rinsing with clean water.  Employees shall wash
their hands:
   (1) Immediately before engaging in food preparation, including
working with unpackaged food, clean equipment and utensils, and
unwrapped single-service food containers and utensils.
   (2) Before dispensing or serving food or handling clean tableware
and serving utensils in the food service area.
   (3) As often as necessary, during food preparation, to remove soil
and contamination and to prevent cross-contamination when changing
tasks.
   (4) When switching between working with raw foods and working with
ready-to-eat foods.
   (5) After touching bare human body parts other than clean hands
and clean, exposed portions of arms.
   (6) After using the toilet room.
   (7) After caring for or handling any animal allowed in a food
facility pursuant to Section 114045.
   (8) After coughing, sneezing, using a handkerchief or disposable
tissue, using tobacco, eating, or drinking.
   (9) After handling soiled equipment or utensils.
   (10) After engaging in any other activities that contaminate the
hands.
   (d) No employee shall expectorate or use tobacco in any form in
any area where food is prepared, served, or stored, or where utensils
are cleaned or stored.
   (e) Food employees shall use utensils, including scoops, forks,
tongs, paper wrappers, gloves, or other implements, to assemble
ready-to-eat food or to place ready-to-eat food on tableware or in
other containers.  However, ready-to-eat food may be assembled or
placed on tableware or in other containers in an approved food
preparation area without using utensils by employees who comply with
the hand washing requirements specified in subdivision (c).  Food
that has been served to the customer and then wrapped or packaged at
the direction of the customer shall be handled only with utensils.
These utensils shall be properly sanitized before reuse.
   (f) Gloves shall be worn when contacting food and food contact
surfaces if the employee has any cuts, sores, rashes, artificial
nails, nail polish, rings (other than a plain ring, such as a wedding
band), uncleanable orthopedic support devices, or finger nails that
are not clean, neatly trimmed, and smooth.
   (g) Whenever gloves are worn, they shall be changed, replaced, or
washed as often as hand washing is required in subdivision (c).  When
single-use gloves are used, they shall be replaced after removal.
  SEC. 5.  Section 114060 of the Health and Safety Code is amended to
read:
   114060.  (a) Manual sanitization shall be accomplished in the
final sanitizing rinse by one of the following:
   (1) Contact with a solution of 100 ppm available chlorine solution
for 30 seconds.
   (2) Contact with a solution of 25 ppm available iodine for one
minute.
   (3) Contact with a solution of 200 ppm quaternary ammonium for one
minute.
   (4) Contact with water of at least 82 degrees Celsius (180 degrees
Fahrenheit) for 30 seconds.
   (5) Contact with any chemical sanitizer that meets the
requirements of Section 178.1010 of Title 21 of the Code of Federal
Regulations when used in accordance with the manufacturer's use
directions as specified on the product label.
   (b) In-place sanitizing shall be as described in paragraph (1),
(2), (3), or (4) of subdivision (a).
   (c) Other methods may be used if approved by the department.
   (d) Testing equipment and materials shall be provided to
adequately measure the applicable sanitization method.
   (e) Chemical sanitizers shall be approved for use in food
facilities and shall be used in accordance with the manufacturer's
use directions as specified on the product label.
  SEC. 6.  Section 114086 of the Health and Safety Code is repealed.

  SEC. 7.  Section 114265 of the Health and Safety Code is amended to
read:
   114265.  (a) The name, address, and telephone number of the owner,
operator, permittee, business name, or commissary shall be legible,
clearly visible, and permanently indicated on at least two sides of
the exterior of the mobile food facility.  The name shall be in
letters at least 8 centimeters (3 inches) high and shall have strokes
at least 1 centimeter (3/8 inch) wide, and shall be of a color
contrasting with the mobile food facility exterior.  Letters and
numbers for address and telephone numbers shall not be less than 2.5
centimeters (one inch) high.
   (b) Mobile food facility equipment, including, but not limited to,
the interior of cabinet units and compartments, shall be designed so
as to, and made of materials that, result in smooth, readily
accessible, and easily cleanable surfaces.  Unfinished wooden
surfaces are prohibited.  Construction joints shall be tightly fitted
and sealed so as to be easily cleanable.  Equipment and utensils
shall be constructed of durable, nontoxic materials and shall be
easily cleanable.
   (c) During operation, no food intended for retail shall be
conveyed, held, stored, displayed, or served from any place other
than a mobile food facility except for the restocking of product in a
manner approved by the enforcement agency.
   (d) Notwithstanding subdivision (k), food products remaining after
each day's operation shall be stored only in an approved commissary
or other approved facility.
   (e) During transportation, storage, and operation of a mobile food
facility, food, food contact surfaces, and utensils shall be
protected from contamination.  Single-service utensils shall be
individually wrapped or in sanitary containers or approved sanitary
dispensers, stored in a clean, dry place until used, handled in a
sanitary manner, and used only once.  Food contact surfaces and
utensils shall be cleaned and sanitized in accordance with
subdivisions (i), (j), and (k) of Section 114090.
   (f) All food displayed, sold, or offered for sale from a mobile
food facility shall be obtained from an approved source.
   (g) Food condiments shall be protected from contamination and,
where available for customer self-service, be prepackaged or
available only from approved dispensing devices.
   (h) Mobile food facilities shall be operated within 60 meters (200
feet) of approved and readily available toilet and hand washing
facilities or as otherwise approved by the enforcement agency to
ensure restroom facilities are available to facility employees.
   (i) All mobile food facilities shall operate out of a commissary
or other approved facility in accordance with Article 12.5
(commencing with Section 114300).  Mobile food facilities shall
report to the commissary or other approved facility at least once
each operating day for cleaning and servicing operations.  Mobile
food facilities shall be properly stored, cleaned, and serviced at,
or within, a commissary or other facility as approved by the
enforcement agency so as to provide protection from unsanitary
conditions.
   (j) Potentially hazardous food shall be maintained at or below 5
degrees Celsius (41 degrees Fahrenheit) or at or above 60 degrees
Celsius (140 degrees Fahrenheit) at all times in accordance with
Section 113995.
   (k) Potentially hazardous food held at or above 60 degrees Celsius
(140 degrees Fahrenheit) on a mobile food facility shall be
destroyed at the end of the operating day.
   (l) All wastewater from a mobile food facility shall be drained to
an approved wastewater receptor at the commissary or other approved
facility.
   (m) All new and replacement gas-fired appliances shall meet
applicable American Gas Association standards.  All new and
replacement electrical appliances shall meet applicable Underwriters
Laboratory standards.  However, for units subject to Part 2
(commencing with Section 18000) of Division 13, these appliances
shall comply with standards prescribed by Sections 18028, 18029.3,
and 18029.5.
   (n) Bulk beverage dispensers shall only be filled at the
commissary or other facility approved by the enforcement agency
unless a hand washing sink as described in paragraph (1) of
subdivision (p) is provided.
   (o) Where nonprepackaged food is handled for display or sale, the
mobile food facility shall be equipped with a food compartment that
completely encloses all food, food contact surfaces, and the handling
of ready-to-eat food.  The opening to the food compartment shall be
sized as appropriate to the food handling activity without
compromising the intended protection from contamination, and shall be
provided with tight-fitting doors that, when closed, protect
interior surfaces from dust, debris, insects, and other vermin.
   (p) Mobile food facilities, not under a valid public health permit
as of January 1, 1997, on which nonprepackaged ready-to-eat food is
sold or offered for sale shall be constructed and equipped in
compliance with all of the following:
   (1) A minimum of a one-compartment metal sink, hand washing
cleanser and single-service towels in approved dispensers shall be
provided.  The sink shall be furnished with hot running water that is
at least 49 degrees Celsius (120 degrees Fahrenheit) and cold
running water that is less than 38 degrees Celsius (101 degrees
Fahrenheit) through a mixing-type faucet that permits both hands to
be free for washing.  The sink shall be large enough to accommodate
the largest utensils washed.  The sink, hand washing cleanser, and
single-service towels shall be located as to be easily accessible and
unobstructed for use by the operator in the working area.  The
minimum water heater capacity shall be one-half gallon.
   (2) The potable water tank and delivery system shall be
constructed of approved materials, provide protection from
contamination, and shall be of a capacity commensurate with the level
of food handling activity on the mobile food facility.  The capacity
of the system shall be sufficient to furnish enough hot and cold
water for the following:  steamtable, utensil washing and sanitizing,
hand washing, and equipment cleaning.  At least 18 liters (5
gallons) of water shall be provided exclusively for hand washing.
Any water needed for other purposes shall be in addition to the 18
liters (5 gallons) for hand washing.
   (3) (i) The wastewater tank or tanks shall have a minimum capacity
that is 50 percent greater than the potable water tank or tanks
supplying the hand and utensil washing sink.  In no case shall this
wastewater capacity be less than 28 liters (7.5 gallons).
   (ii) Mobile food facilities utilizing ice in the storage, display,
or service of food or beverages shall provide an additional minimum
wastewater holding tank capacity equal to one-third of the volume of
the ice cabinet to accommodate the drainage of ice melt.
   (iii) Mobile food facilities equipped with a tank supplying
product water for the preparation of a food or beverage shall provide
an additional wastewater tank capacity equal to at least 15 percent
of this water supply.
   (iv) Additional wastewater tank capacity may be required where
wastewater production or spillage is likely to occur.
   (v) Any connection to a wastewater tank shall preclude the
possibility of contaminating any food, food contact surface, or
utensil.
   (4) A mobile food facility's potable water tank inlet shall be
provided with a connection of a size and type that will prevent its
use for any other service and shall be constructed so that backflow
and other contamination of the water supply is prevented.  Hoses used
to fill potable water tanks shall be made of food grade materials
and handled in a sanitary manner.
   (5) Mobile food facilities limited to the portioning and
dispensing of nonprepackaged, nonpotentially hazardous food are
exempt from the hand washing and utensil washing sink requirements of
this subdivision if there is an approved supply of gloves or
utensils, or both, on the facility that preclude any hand contact
with the food products being dispensed.  This exemption does not
extend to the scooping of ice.
   (q) Mobile food facilities selling unpackaged frozen ice cream
bars or holding cream, milk, or similar dairy products pursuant to
Section 114270 shall be equipped with refrigeration units as
described in Section 113860.
   (r) Operators of mobile food facilities handling nonprepackaged
food shall develop and follow written operational procedures for food
handling and the cleaning and sanitizing of food contact surfaces
and utensils.  The enforcement agency shall review and approve the
procedures prior to implementation and an approved copy shall be kept
on the mobile food facility during periods of operation.
   (s) All potentially hazardous food shall be prepackaged in an
approved food facility except as provided in Sections 114260 and
114270.
   (t) Except to the extent that an alternative construction standard
is explicitly prescribed by this section, construction standards for
mobile food preparation units and stationary mobile food preparation
units which are subject to Part 2 (commencing with Section 18000) of
Division 13 shall be governed by the provisions of that part.
  SEC. 8.  Article 12 (commencing with Section 114285) of Chapter 4
of Part 7 of the Health and Safety Code is repealed.
  SEC. 9.  Article 12 (commencing with Section 114285) is added to
Chapter 4 of Part 7 of the Health and Safety Code, to read:

      Article 12.  Mobile Food Preparation Units and Stationary
Mobile Food Preparation Units

   114285.  This article governs sanitation, and structural and
safety requirements for mobile food preparation units and stationary
mobile food preparation units as defined in this chapter.  Except to
the extent that an alternative construction standard is explicitly
prescribed by this article, construction standards for mobile food
preparation units and stationary mobile food preparation units that
are subject to Part 2 (commencing with Section 18000) of Division 13
shall be governed by the provisions of that part.
   114286.  (a) All mobile food preparation units and stationary
mobile food preparation units shall meet the applicable requirements
in Article 6 (commencing with Section 113975), Article 7 (commencing
with Section 113990), and Article 8 (commencing with Section 114075),
unless specifically exempted from any of these provisions as
provided in this article.
   (b) Mobile food preparation units and stationary mobile food
preparation units shall be exempt from the requirements of Sections
114105 and 114135, and subdivision (b) of Section 114165.
   (c) The Department of Housing and Community Development,
consistent with the provisions of Chapter 4 (commencing with Section
18025) of Part 2 of Division 13 and regulations promulgated pursuant
thereto, shall initially certify or recertify each mobile food
preparation unit and stationary mobile food preparation unit that is
either a special purpose commercial coach as defined by Section
18012.5 or a commercial coach as defined by Section 18001.8.
   (d) The local enforcement agency shall initially approve all other
mobile food preparation units and stationary mobile food preparation
units as complying with the provisions of this article and shall
require construction reapproval if deemed necessary by a local
enforcement agency.
   114287.  All mobile food preparation units shall operate out of a
commissary or other facility approved by the enforcement agency.
Mobile food preparation units shall report to the commissary or other
approved facility at least once each operating day for cleaning and
servicing operations.  Mobile food preparation units shall be stored,
cleaned, and serviced at or within a commissary or other facility
approved by the enforcement agency so as to be provided protection
from unsanitary conditions.
   114288.  Stationary mobile food preparation units may include a
staffed counter that serves hot and cold beverages that are not a
potentially hazardous food as defined in Section 113845, and that are
dispensed from approved bulk dispensing units.
   114289.  (a) The enforcement agency may permit storage of supplies
and food, which is not a potentially hazardous food as defined in
Section 113845, in unopened containers adjacent to a stationary
mobile food preparation unit, or in unopened containers in a nearby
temporary storage unit.
   (b) As used in this section, "unopened container" means a factory
sealed container that has not been previously opened, that is
suitably constructed to be resistant to contamination from moisture,
dust, insects, and rodents.
   114290.  The operator shall maintain the exterior of the mobile
food preparation unit or stationary mobile food preparation unit, and
the surrounding area, as relating to the operation of the unit, in a
sanitary condition.
   114291.  Adequate waste containers shall be furnished for the use
of customers.  These containers shall be of easily cleanable
construction, furnished with a tight-fitting cover, and shall be kept
clean.
   114292.  (a) The entrance doors to food preparation areas shall be
self-closing and kept closed when not in use.
   (b) The mobile food preparation unit or stationary mobile food
preparation unit, and all equipment and utensils shall be protected
from potential contamination, kept clean, in good repair, and free of
vermin.
   114293.  (a) Spare tires, related automotive equipment, or special
tools relating to the mechanical operation of the mobile food
preparation unit or stationary mobile food preparation unit shall not
be stored in the food preparation or food storage areas.
   (b) A separate cabinet or drawer shall be installed for the
storage of insecticides or other poisonous substances in accordance
with Section 114025, if these substances are used.  All poisonous
chemicals shall be kept in this cabinet or drawer in their original
containers and in a manner that offers no contamination hazard to
food or utensils.
   (c) Adequate facilities shall be provided for the storage of
linens, uniforms, and other related linens.  Facilities shall be
provided for the storage of personal belongings.  All personal
belongings shall be kept in the space provided.
   (d) All pressurized cylinders shall be securely fastened to a
rigid structure of the vehicle.
   (e) Adequate and suitable space shall be provided for the orderly
storage of food and food service materials.
   (f) Single-service utensils shall be stored in their original
enclosed package, in a clean, dry area.  These utensils shall be kept
in an approved, enclosed dispenser for customer use.  Straws shall
be wrapped or dispensed from approved, enclosed dispensers.  An
enclosed dispenser shall protect the lip-contact portion of the
eating and drinking utensil from contamination.
   (g) The mobile food preparation unit potable water tank shall be
filled only at the commissary.
   (h) The mobile food preparation unit wastewater tank shall be
drained only at the commissary.
   114294.  (a) The name, address, and telephone number of the owner,
operator, permittee, business name, or commissary shall be legible,
clearly visible, and permanently indicated on at least two sides of
the exterior of the mobile food preparation unit or stationary mobile
food preparation unit.  The name shall be in letters at least
eight-centimeters (three inches) high, and shall have a stroke at
least one-centimeter (3/8 inch) wide, and shall be of a color
contrasting with the vehicle exterior.  Letters and numbers for
address and telephone numbers shall not be less than 2.5-centimeters
(one inch) high.
   (b) Compressor units that are not an integral part of equipment,
auxiliary engines, generators, and similar equipment, shall be
installed in an area that is completely separated from food
preparation and food storage and that is accessible from outside the
unit for proper cleaning and maintenance.
   114295.  (a) Effective January 1, 2001, newly constructed mobile
food preparation units and stationary mobile food preparation units
shall have a sink with at least three compartments with two integral
metal drainboards.  The dimensions of each compartment shall be at
least 30-centimeters (12 inches) wide, 30-centimeters (12 inches)
long, 25-centimeters (10 inches) deep.  Each drainboard shall be at
least the size of one of the sink compartments.  The drainboards
shall be installed with at least 0.3 centimeter (1/8 inch) per foot
slope toward the sink compartment, and fabricated with a minimum
one-centimeter (1/2 inch) lip or rim to prevent the draining liquid
from spilling onto the floor.  The sink shall be equipped with a
mixing faucet and shall be provided with a swivel spigot capable of
servicing all sink compartments.  Mobile food preparation units and
stationary mobile food preparation units constructed prior to January
1, 2001, shall provide at least a two-compartment sink with dual
integral drainboards unless otherwise determined by the local
enforcement agency.
   (b) Hand washing and utensil washing sinks shall be supplied with
hot running water that is at least 49 degrees Celsius (120 degrees
Fahrenheit) and cold running water that
                is less than 38 degrees Celsius (101 degrees
Fahrenheit) through a mixing-type faucet.  Hand washing cleanser and
single service towels shall be provided in permanently installed
dispensers and maintained at the hand washing sink.  The hand washing
facilities shall be located in the work area and be easily
accessible and unobstructed for use by the food handlers.  The hand
washing facilities shall be separate from the utensil washing sink.
The hand washing sink must have a minimum dimension of 23 centimeters
by 23 centimeters in length and width (nine inches by nine inches),
and 13 centimeters in depth (five inches).  The hand washing
facilities shall be separated from the utensil washing sink by a
metal splashguard with a height of at least 30 centimeters (12
inches), that extends from the back edge of the drainboard to the
front edge of the drainboard, the corners of the barrier to be
rounded.  No splashguard is required if the distance between the hand
washing sink and the utensil sink drainboards is 61 centimeters or
more (24 inches or more).
   (c) Floors, walls, and ceilings shall be constructed so that the
surfaces are impervious, smooth, and cleanable.  Floor surfaces shall
provide employee safety from slipping.  The juncture of the floor
and wall shall be coved, with the floor surface extending up the wall
at least 10 centimeters (four inches).  In all mobile food
preparation units and stationary mobile food preparation units, there
shall be a clear, unobstructed height over the aisle of at least 188
centimeters (74 inches) from floor to ceiling, and a minimum of 76
centimeters (30 inches) of unobstructed horizontal aisle space.
   (d) Construction joints and seams shall be sealed to provide
smooth, easily cleanable surfaces.  Soldered joints and seems shall
be smooth to the touch.  Silicone sealant or equivalent waterproof
compounds shall be acceptable, providing they prevent the entrance of
liquid waste or vermin.
   (e) All equipment shall be installed so as to be easily cleaned,
prevent vermin harborage, and provide adequate access for service and
maintenance.  Equipment shall be spaced apart or shall be sealed
together for easy cleaning.  There shall be a minimum of 10
centimeters (four inches) of unobstructed space provided for sanitary
maintenance beneath counter mounted equipment or between the sides
of adjacent equipment.  Food equipment or machinery of a size and
weight that can be easily picked up and moved by one person, and with
a flex connection need not comply with minimum leg height
requirement.  Threads, nuts, or rivets shall not be exposed where
they interfere with cleaning.  Threads, nuts, or rivets, that
interfere with cleaning, shall be sealed or capped.
   (f) All floor mounted equipment shall be sealed to the floor to
prevent moisture from getting under the equipment or it shall be
raised at least 15 centimeters (six inches) off the floor by means of
an easily cleanable leg and foot.
   (g) Equipment, including the interior of cabinet units or
compartments, shall be constructed so as to have smooth, easily
accessible, and easily cleanable surfaces that are free from
channels, crevices, flanges, ledges, sharp or jagged edges, or other
cleaning or safety obstructions.  Unfinished wooden surfaces are not
permitted.
   (h) All food contact surfaces shall be designed and constructed so
as to be easily cleanable and shall be made of nontoxic,
noncorrosive materials.
   (i) All utensils in the mobile food preparation unit shall be
stored so as to prevent their being thrown about in the event of a
sudden stop, collision, or overturn.  A safety knife holder shall be
provided to avoid loose storage of knives in cabinets, boxes, or
slots along counter aisles.  Knife holders shall be designed to be
easily cleaned and be manufactured of materials approved by the local
enforcement agency.
   (j) Space around pipes, conduits, or hoses that extend through
cabinets, floors, or outer walls shall be sealed.  The closure shall
be smooth and easily cleanable.
   (k) Light bulbs and tubes shall be covered with a completely
enclosed plastic safety shield or its equivalent and installed so as
to not constitute a hazard to personnel or food materials.
   (l) Waste receptacles shall be provided inside the vehicle.  They
shall be constructed to be smooth, nonabsorbent, and easily cleanable
and shall be kept clean.
   (m) No smoking signs and signs directing proper hand washing shall
be posted in the food preparation area.
   114296.  (a) Mechanical exhaust ventilation equipment shall be
provided over all cooking equipment as required to effectively remove
cooking odors, smoke, steam, grease, and vapors.  All mechanical
exhaust ventilation equipment shall be installed and maintained in
accordance with the Uniform Mechanical Code, except that for units
subject to Part 2 (commencing with Section 18000) of Division 13, an
alternative code adopted pursuant to Section 18028 shall govern the
construction standards.
   (b) The ventilation shall be adequate to provide a reasonable
condition of comfort for employees.
   (c) Grease filters or other means of grease extraction are
required and shall be of steel construction, or other approved
material, and shall be readily accessible for cleaning.
   (d) Every joint and seam shall be substantially tight.  No solder
shall be used, except for sealing a joint or seam.
   (e) Every hood shall be installed to provide for thorough cleaning
of the entire hood.
   (f) When grease gutters are provided they shall drain to a
collecting receptacle fabricated, designed, and installed to be
readily accessible for cleaning.
   (g) All ducts in the exhaust system shall have a slope of at least
five centimeters (two inches) per linear foot.
   (h) All seams in the duct shall be substantially tight to prevent
the accumulation of grease.
   (i) The ducts shall have sufficient clean-outs to make the ducts
readily accessible for cleaning.
   (j) Makeup air shall be provided at the rate of that exhausted.
Adequate makeup air may be provided from screened openings, vents in
the ceiling, or mechanically through an air-conditioning system, but
not from open doors or unscreened windows.
   114297.  (a) (1) All liquefied petroleum equipment shall be
installed to meet applicable fire authority standards and this
installation shall be approved by the fire authority.  However, for
units subject to Part 2 (commencing with Section 18000) of Division
13, this equipment and its installation shall comply with standards
prescribed by Sections 18028 and 18029.5.
   (2) A properly charged and maintained minimum 10 BC-rated fire
extinguisher to combat grease fires and shall be properly mounted and
readily accessible on the interior of each mobile food preparation
unit or stationary mobile food preparation unit.
   (b) A first-aid kit shall be provided and located in a convenient
area in an enclosed case.
   (c) Mobile food preparation units that operate at more than one
location in any calendar day, shall comply with the following
additional requirements:
   (1) Coffee urns, deep fat fryers, steam tables, and similar
equipment shall be equipped with positive closing lids that will
prevent excessive spillage of hot liquids into the interior of the
unit in the event of a sudden stop, collision, or overturn.  For
coffee urns, as an alternative to this requirement, the urn shall be
installed in a compartment that will prevent excessive spillage of
coffee in the interior of the unit.  Metal protective devices shall
be installed on the glass liquid level sight gauges on all coffee
urns.
   (2) (A) Except for units subject to Part 2 (commencing with
Section 18000) of Division 13, a second means of exit shall be
provided in the side opposite the main exit door, or in the roof, or
the rear of the unit, with an unobstructed passage of at least 61
centimeters by 91 centimeters (24 inches by 36 inches).  The interior
latching mechanism shall be operable by hand without special tools
or key.  The exit shall be labeled "Safety Exit" in contrasting
colors with at least 2.5-centimeters (one-inch) high letters.
   (B) For units subject to Part 2 (commencing with Section 18000) of
Division 13, the size, latching, and labeling of the second means of
exit shall comply with standards prescribed by Sections 18028 and
18029.5.
   114298.  Pass-through window service openings shall be limited to
1394 square centimeters (216 square inches) each.  The service
openings may not be closer together than 46 centimeters (18 inches).
Each opening shall be provided with a solid or screened window,
equipped with a self-closing device.  Screening shall be at least 16
mesh per square inch.  With the exception of the service openings,
the entire food preparation and food storage area shall be enclosed
with a solid, easily cleanable material.  The counter surface of the
service openings shall be smooth and easily cleanable.
   114299.  Adequate electrical power shall be provided to operate
the approved exhaust, lighting, and refrigeration systems, and any
other accessories and appliances that may be installed in a mobile
food preparation unit or in a stationary mobile food preparation
unit.
   114299.5.  (a) A water supply tank of sufficient capacity to
furnish an adequate quantity of potable water for food preparation,
cleaning, and handwashing purposes shall be provided (minimum 114
liters (30 gallons)).  Exterior hose-connection valves shall be at
least five feet above the ground with an approved water connection,
which is attached to the vehicle.  The water supply shall be from an
approved potable water source.  The water system shall be designed
and constructed using materials that enable water to be introduced
without contamination.  The water system shall deliver at least one
gallon per minute to each sink basin in the unit.
   (b) A water heater with a minimum capacity of 11.4 liters (three
gallons) or an instantaneous heater capable of heating water to a
minimum of 49 degrees Celsius (120 degrees Fahrenheit),
interconnected with the potable water supply, shall be provided and
shall operate independently of the vehicle engine.  Hot and cold
water, under pressure, shall be provided at handwashing and utensil
washing sinks from mixing faucets.
   (c) The liquid waste tank shall have a capacity at least 50
percent greater than the potable water tank.  When ice is utilized in
the storage or display of foods or beverages, an additional minimum
liquid waste tank holding capacity equal to one-third of the volume
of the ice bin shall be provided for drainage of the ice melt.
   (d) All tanks, lines, couplings, valves, and all other plumbing
shall be designed, installed, maintained, and constructed of
materials that will not contaminate the water supply, food, utensils,
or equipment.
   (e) Water and wastewater storage tanks shall be installed so as to
be easily drained, flushed, and cleaned with an easily accessible
outlet.  Breather tubes or overflow pipe openings shall be protected
from the entrance of dust, insects, and other contamination.  All
waste lines shall be connected to the waste tank with watertight
seals.
   (f) Adequate toilet facilities for use by the food service
personnel shall be available within 60 meters (200 feet) of the
mobile food preparation unit or stationary mobile food preparation
unit whenever it is stopped to conduct business for more than a
one-hour period.
   (g) Hoses inside the mobile food preparation unit, stationary
mobile food preparation unit, and potable water tank connectors shall
have matching connecting devices.  Devices for external cleaning
shall not be used for potable water purposes inside the mobile food
preparation unit or stationary mobile food preparation unit.
   (h) Hoses and faucets equipped with quick connect and disconnect
devices for these purposes shall be deemed to meet the requirements
of this section.
   (i) Mechanical refrigeration shall conform to the requirements of
Section 113860.
  SEC. 10.  Article 12.5 (commencing with Section 114300) is added to
the Health and Safety Code, to read:

      Article 12.5. Commissaries

   114300.  This article governs sanitation requirements for
commissaries servicing mobile food preparation units and mobile food
facilities.
   114301.  All commissaries, and other approved facilities shall
meet the applicable requirements in Article 6 (commencing with
Section 113975), Article 7 (commencing with Section 113990), and
Article 8 (commencing with Section 114075).
   114302.  (a) Adequate facilities shall be provided for the
sanitary disposal of liquid waste from the mobile food preparation
unit or mobile food facility being serviced.
   (b) Adequate facilities shall be provided for the handling and
disposal of garbage and rubbish originating from the mobile food
preparation unit or mobile food facility.
   114303.  (a) Potable water shall be available for filling the
water tanks of each mobile food preparation unit or mobile food
facility that requires potable water.  Faucets and other potable
water sources shall be constructed, located, and maintained so as to
minimize the possibility of contaminating the water being loaded.
   (b) The hose used for filling water tanks shall be food grade,
constructed of materials approved for potable water distribution, and
shall be used for no other purposes.  At all times, the hose shall
be kept above the ground and protected from contamination.  Liquid
waste lines shall not be the same color as hoses used for potable
water.
   (c) Hot and cold water, under pressure, shall be available for
cleaning the mobile food preparation unit or mobile food facility.
   (d) The potable water supply shall be protected at all times from
potential backflow.  Approved backflow prevention devices shall be
installed on the discharge side of all hose bibs.
   114304.  Adequate electrical outlets shall be provided for mobile
food preparation units or mobile food facilities that require
electrical service.  The outlets shall be constructed to comply with
applicable electrical codes.
  SEC. 11.  Section 114317 of the Health and Safety Code is amended
to read:
   114317.  Food-related and utensil-related equipment used in
conjunction with a temporary food facility shall be approved by the
local enforcement agency.
  SEC. 12.  Section 114321 of the Health and Safety Code is amended
to read:
   114321.  At least one toilet facility for each 15 employees shall
be provided within 60 meters (200 feet) of each temporary food
facility.  Each toilet facility shall be provided with hand washing
facilities equipped with hot and cold running water.  Hand washing
cleanser and single-use sanitary towels shall be provided in
permanently installed dispensers at each hand washing facility.
Temporary food facilities that handle only prepackaged foods may
provide cold water with a germicidal soap in lieu of hot and cold
running water at the hand washing facilities.  The local enforcement
agency may allow hand washing facilities other than those required by
this section when it deems that the alternate facilities are
adequate.
  SEC. 13.  Section 114322 of the Health and Safety Code is amended
to read:
   114322.  Adequate janitorial facilities shall be provided for the
cleaning of the temporary food facilities, restrooms, and all shared
utensil washing and hand washing facilities.  Janitorial facilities
shall be provided with hot and cold running water from a mixing
valve.  The local enforcement agency may allow janitorial facilities
other than those required by this section when it deems that the
alternate facilities are adequate.
  SEC. 14.  Section 114325 of the Health and Safety Code is amended
to read:
   114325.  (a) An adequate supply of potable hot water, at least 48
degrees Celsius (120 degrees Fahrenheit) shall be provided for
utensil washing, hand washing, and janitorial purposes.  The water
supply shall be from a source approved by the enforcement agency.
The potable water supply shall be protected with a backflow or back
siphonage protection device, as required by applicable plumbing
codes.
   (b) Adequate potable water shall be provided, commensurate with
the food handling activities taking place in the temporary food
facility.  In addition to the water needed for food preparation and
dispensing, at least 75.8 liters (20 gallons) of potable water shall
be provided per temporary food facility per day of operation for
utensil washing and hand washing.
   (c) The inlet to a potable water tank shall be provided with a
connection of a size and type that will prevent its use for any other
service, and shall be constructed so that backflow and other
contamination of the water supply is prevented.  Hoses used to fill
potable water tanks shall be made of food grade materials and handled
in a sanitary manner.
  SEC. 15.  Section 114332.2 of the Health and Safety Code is amended
to read:
   114332.2.  (a) Except where all food and beverage is prepackaged,
hand washing, and utensil washing facilities approved by the
enforcement officer shall be provided within nonprofit charitable
temporary food facilities.
   (b) Facilities for the sanitary disposal of all liquid waste shall
be subject to the approval of the enforcement officer.
   (c) At least one toilet facility for each 15 employees shall be
provided within 60 meters (200 feet) of each nonprofit charitable
temporary food facility.
   (d) Food contact surfaces shall be smooth, easily cleanable, and
nonabsorbent.
  SEC. 16.  Section 114332.3 of the Health and Safety Code is amended
to read:
   114332.3.  (a) No potentially hazardous food or beverage stored or
prepared in a private home may be offered for sale, sold, or given
away from a nonprofit charitable temporary food facility.
Potentially hazardous food shall be prepared in a food establishment
or on the premises of a nonprofit charitable temporary food facility.

   (b) All food and beverage shall be protected at all times from
unnecessary handling and shall be stored, displayed, and served so as
to be protected from contamination.
   (c) Potentially hazardous food and beverage shall be maintained at
or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 60
degrees Celsius (140 degrees Fahrenheit) at all times.
   (d) Ice used in beverages shall be protected from contamination
and shall be maintained separate from ice used for refrigeration
purposes.
   (e) All food and food containers shall be stored off the floor on
shelving or pallets located within the facility.
   (f) Smoking is prohibited in nonprofit charitable temporary food
facilities.
   (g) (1) Except as provided in paragraph (2), live animals, birds,
or fowl shall not be kept or allowed in nonprofit charitable
temporary food facilities.
   (2) Paragraph (1) does not prohibit the presence, in any room
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
   (3) Paragraph (1) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while these
employees are acting within the course and scope of their employment
as private patrol persons.
   (4) The persons and operators described in paragraphs (2) and (3)
are liable for any damage done to the premises or facilities by the
dog.
   (5) The dogs described in paragraphs (2) and (3) shall be excluded
from food preparation and utensil wash areas.  Aquariums and
aviaries shall be allowed if enclosed so as not to create a public
health problem.
   (h) All garbage shall be disposed of in a manner approved by the
enforcement officer.
   (i) Employees preparing or handling food shall wear clean clothing
and shall keep their hands clean at all times.
  SEC. 17.  Section 114332.6 of the Health and Safety Code is
repealed.
  SEC. 18.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
